JOSIFOSKA v AGE GOLDSTAMPING AND SILKSCREENING PTY LTD [1993] NSWCA 148

JOSIFOSKA v AGE GOLDSTAMPING AND SILKSCREENING PTY LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, SHELLER and CRIPPS JJA 3 December 1992, 16 February 1993

[1993] NSWCA 148

An application for review of a decision made by a commissioner was dismissed by a Compensation Court judge. The judge did find that remarks made by the Commissioner expressed a bias and pre conceived disposition to reject the evidence of a witness but did not find this bias extended towards the applicant.

Held: The primacy of the trial judge in making findings on credit is based on the assumption that the trial judge conducts his or herself properly and fairly. The finding of bias towards a witness should have resulted in the judge discharging the orders of the commissioner and either determining the matter for himself of remitting it to the Chief Judge for further determination.

Mansini v Director General of Education (Compensation Court, 30 January 1990)

Jones v Hyde (1989) 63 ALJR 349

Watson v Hanimex Colour Services Pty Ltd (Supreme Court of New South Wales, Court of Appeal, 28 November 1991

Boston Clothing Company Pty Ltd v Margaronis (Supreme Court of New South Wales, Court of Appeal, 6 August 1992)

Vakuauta v Kelly (1989) 167 CLR 568

Compensation Court Act s32, s36

Clarke JA I agree with Cripps JA.

Sheller JA I have had the benefit of reading the judgment of Cripps JA and agree with it and the orders therein proposed.

Cripps JA This is an appeal from a decision of Judge Moran on 7 November 1990 dismissing an application for review of an earlier decision by a Commissioner. The appeal is brought pursuant to s32 of the compensation Court Act which provides that a party aggrieved by an award (which includes a decision) may appeal to the Court.

The appellant took proceedings in the Compensation Court claiming an entitlement to weekly payments of compensation. The Chief Judge determined that the matter be heard by a Commissioner. On 23 March 1990 Commissioner Butchard dismissed the application and made an award for the respondent.